Supreme Court of India Judgements

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Month: August 2020

Contempt

Tweets against CJI – Guilty of contempt – Act committed by the contemnor is a very serious one – The Court do not take cognizance of such conduct it will give a wrong message to the lawyers and litigants throughout the country – However, by showing magnanimity, instead of imposing any severe punishment, The Court is sentencing the contemnor with a nominal fine of Re. 1/ (Rupee one).

Aug 31, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH IN RE: PRASHANT BHUSHAN AND ANOTHER ( Before : Arun Mishra, B.R. Gavai and Krishna Murari, JJ. ) Suo Motu Contempt Petition (Criminal)…

Corporate

Finance Act, 1994 – Section 65(105)(zzzzj) – Payment of service tax – Business of distributing natural gas – Supply of pipes and measuring equipment – HELD SKID equipment fulfils the description in Section 65(105)(zzzzj) of a taxable service: service in relation “tangible goods” where the recipient of the service has use (without possession or effective control) of the goods – Appeal allowed.

Aug 29, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH COMMISSIONER OF SERVICE TAX, AHMEDABAD — Appellant Vs. M/S ADANI GAS LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Environment

HELD The Registration Certificate of vehicles which do not possess a valid PUC Certificate shall be forthwith suspended and/or cancelled, and penal measures initiated against the owner and/or the person(s) in possession and/or control of the offending vehicle, in accordance with law.

Aug 29, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…

Cr P C

(CrPC) – Ss 372 and 377 – (IPC) – Ss 364A and 34 – Kidnapping for ransom – Enhancement of sentence -It is fairly well settled that the remedy of appeal is creature of the Statute. – State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH PARVINDER KANSAL — Appellant Vs. THE STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Ashok Bhushan and R. Subhash…

Cr P C

(CrPC) – S 357(3) – Release of compensation – Police officers have illegally detained complainant’s son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries – Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade -Instead of ordering release of compensation to the appellant at this stage – It appropriate to request the High Court for expeditious disposal of the Case – Appeal dismissed.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DALBIR SINGH — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. — Respondent ( Before : Ashok Bhushan and R. Subhash…

Education

IMP : Disaster Management Act, 2005 – Section 71 and 72 – Jurisdiction – Students cannot be promoted without exams – State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH PRANEETH K AND OTHERS — Appellant Vs. UNIVERSITY GRANTS COMMISSION (UGC) AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

Environment

Non-Supply of fuel to vehicles without PUC Certificate – Appeal against – Tribunal had no power and/or authority and/or jurisdiction to pass orders directing the Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate – Appeal allowed.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…

Corporate

Insolvency and Bankruptcy Code, 2016 – Section 7 – A personal Loan to a Promoter or a Director of a company cannot trigger the Corporate Resolution Process under the IBC. Disputes as to whether the signatures of the Respondents are forged or whether records have been fabricated can be adjudicated upon evidence including forensic evidence in a regular suit and not in proceedings under Section 7 of the IBC.

Aug 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH M/S RADHA EXPORTS (INDIA) PVT. LIMITED. — Appellant Vs. K.P. JAYARAM AND ANOTHER — Respondent ( Before : Arun Mishra and Indira Banerjee,…

Property Matters

Decree of possession – A decree of possession does not automatically follow a decree of declaration of title and ownership over property – It is well settled that, where a Plaintiff wants to establish that the Defendant’s original possession was permissive, it is for the Plaintiff to prove this allegation and if he fails to do so, it may be presumed that possession was adverse, unless there is evidence to the contrary.

Aug 28, 2020 sclaw

 “A decree of possession does not automatically follow a decree of declaration of title and ownership over property. “   SUPREME COURT OF INDIA DIVISION BENCH NAZIR MOHAMED — Appellant…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw